PratchettFan
Gold Member
- Jun 20, 2012
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Well I disagree and we'll just have to disagree on that point. I am bored with arguing it so let's just agree to disagree. There are sufficient others who do understand the concept of unalienable rights that I think we can have a productive discussion on how best to recognize and secure those with new wording that removes a lot of the ability to interpret the Constitution in more than one way.
Wrestling over definitions does get boring. And it's further frustrated when one party won't at least recognize the other's definition - even if they disagree that it was the intended meaning. I think the real disagreement, when it comes to the definition of 'inalienable' is what it means to 'alienate' a right.
PratchettFan - I hope you'll try to at least comprehend what we're saying, even if you don't think its what Jefferson intended. What we're saying is that 'inalienable' doesn't mean it can't be violated, or temporarily impeded. Obviously other people can temporarily inhibit your freedom. But if you can still exercise a freedom when no one is inhibiting it - that's 'inalienable'. If you can, if you care to understand what we're getting at here, think of it this way: Any "right" that you can exercise if no one else is around is an "inalienable" right. Rights that require the active participation of others aren't. So freedom of speech, freedom of conscience, freedom of religion, free will in general, are inalienable capacities of human existence.
In my view, Jefferson was characterizing, in fact limiting, the kinds of rights government should secure - not all rights, but the inalienable rights that we have even if no one else is around. Government should strive allow us to go from that state of perfect freedom, when we're alone, and enter into social interactions retaining as much of that innate freedom as possible.
I *think* I understand the view that PratchettFan and others are arguing for. They seem to be seeing any freedom that can be violated as 'alienable'. And of course, just about any freedom can be violated - certainly by killing a person. From that perspective, there are no such things as inalienable rights. And they find it puzzling that people can insist that some rights are inalienable. But I think they're missing the point of the 'inalienable' descriptor. It's not saying there's anything magical about those rights that prevents them from being violated. It's just saying that they require be bare minimum from others to be preserved. All they require is that others leave you alone.
I get what you are saying. My objection is that the word is misleading and propagandistic. You have a right or you don't. Calling it inalienable adds nothing. If you are marooned on an island, then you can do whatever you please within your physical limitations, but you have no rights at all. The very concept of a right is dependent upon a society. Without social interaction the word has no meaning.
If we are going to discuss which rights we should and which we should not have, that is fine. If we are going to discuss how we are to insure we keep those rights, that is fine. Clearly we have different ideas on how that should be done. But applying this adjective to the word rights does not change the reality of it. Its only purpose is propaganda, just as Jefferson employed it, and I am not a fan of propaganda.
I'm not tied to the word inalienable. If you have a better word or phrase to use that would say it better, let's hear it. I just personally prefer that word because of its historical context, but I'm not inflexible on that.
Otherwise let's agree on the definition of the word as it relates to the suggested Constitutional rewrite--it can be defined within the body of that Constitution.
I've done that. The word is "rights".
The problem is that there are different kinds of rights. There are human rights that we recognize as decent human beings. There are Constitutional rights that should be inviolable by either the courts or actions of the states such as the right to vote for those who will represent us in the federal government. And there are certain functional legal rights enacted by the states.
Unalienable rights as the Founders saw unalienable righnts are something different from all of these.
If what you say is true, then why did the Founders omit these "unalienable rights" from the only document which actually mattered?